Anonymous
02 August 2010 at 22:15
This is in respect of my proper ty situated at my native place. The total extent is 426 sq. yds with a dilapidated house thereon. The property shareholders are three i.e. myself, my mother and brother, who expired during 2006 and his share of 176 sq. yds passed on to his wife i.e. my sister in law by virtune of his will executed before his death with absolute rights. The problem has commenced with my sister in law, who intend to dispose the property alongwith me and my mother, who is staying with me and I am working in Hyderabad. During this process of disposal of property she has taken Rs.10000/- advance amount from one of the brokers located at my native place and another broker, who want to pay a little bit high amount has approached me and requested for my share and mothers share put together 256 sq,yds. Then I suggested my sister in law to dispose the property to the person, who is paying a little bit high amount. The second broker has prepared a DDs of Rs.2.00 lakhs in my name and contacted me at Hyderabad. Since my sister in law has already taken an advance amount of Rs.10000/- I have not agreed to his proposal since already one broker is entered in the transaction orally. In both the cases I have not signed any agreement of sale. But the second broker has recorded my voice for disposal of the property in his cell phone and started threatening me and demanding either I have to sign proper sale deed i.e. by all the three persons or else pay Rs.1.00 akh compensation for not coming forward for registration of the property. The entire drama was played by me sister in law. Since my sister in law has not agreed to sell his share, the first broker has issued a legal notice during March 2010 as If I entered an agreement of sale with him and asking me to register the property i.e. my share only. Though the property belongs to three parties including my mother, the notice was issued to me. I replied to his legal notice and the matter is silent for quite sometime. In the meantime, the second broker with a pretext to purchase the property for construction of house has issued a legal noice to me now recently and asking me to register i.e. proper sale deed or pay compension of Rs.1.00 lakh,
The second broker purchased the DDs during Dec.2009 and kept with him all the 6 months with delivering to me or entering any type of agreement of sale and just before the period of lapse of DDs and approachaed me with old dated sale agreement with 2.00 lakh DDs for the entire land and demanded my signature. I refused to sign on the old dated agreement and DDs not delivered at any point of time. In Both the cases, I have not entered any agreement of sale. I am of the opinion because of my absence fro m my native place and diffierence that has taken place between me and my sister in law, parties stared issuing legal notices to me. Now the second broker issued legal notice recently and I appointed a legal adviser at my native place and got issued reply to his notice. One more notice was issued to my sister in law for partition of the scheduled property. Today I received a summons from court issued by the first broker without plaint copy. I contacted my legal adviser and he suggested me to send the summons with vakalat. I am in the process of sending the same. The second broker might have recorded my voice in the cellphone for the disposal of the property and trying to give reality to the situation by producing Xerox copies of DDs and gathering his associates for this transaction etc. Please suggest me whether based on the cellphone recording without any agreement of sale, the parties can claim the property with lowest rate, as compared to the prevailing market price. How far it is justificable. I am working as a branch Manager and not in a position to supervise my property. What is the best solution for me to overcome this problem. I appointed the eminent lawyer and met him a week back and narrated the incidents step by step . All these things have taken place because of my sister in law collided with these fellows and I am constrained to receive the notices and I request you to suggest me the suitable remedty available to me.
1. I intend to contest the case for the false allegation made against me without any agreement for sale.
2. Whether I can file partition lsuit simultaneously to dispose my share atleast later.
Thanking you, in anticipation of your reply.
Anil
02 August 2010 at 20:52
My father (Mr. B) purchase a property from a landlord (Mr. A)
Mr. A gave GPA in my father name (Mr.B)
My father never registered this property.
Both Mr. A (Landlord) and Mr. B (My father) died.
Based on my father death certificate, my mother got Khata, and all taxes are up to date.
Now my mother wants to register this property in my name.
1. Is it possible to register?
2. I am planning to sell this property, how can we sell this property?
Note: We don’t have no clue about landlord family where about.
Muneeswaran K
02 August 2010 at 19:33
We have a welfare society. I wish to give a piece of land to the society. I want the land to go with the society without any problem in the years to come. As some of the members are not good minded, problem may come to the land. The land should not be allowed to be sold/ mortgaged/rented and avoid the misuse or loss. Kindly tell me how the property should be transferred to the society so that no change of title/misuse can be done by any body.
Anonymous
02 August 2010 at 14:30
what should be proved or what material should be placed before the court for obtainig permission of sale of minor's property ?Before passing such order what aspect court considers?
pratik
02 August 2010 at 00:33
20. Protection in respect of conviction for offences
(1) No person shall be convicted of any offence except for violation of the law in force at the time of the commission of the act charged as an offence, nor be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offence
(2) No person shall be prosecuted and punished for the same offence more than once
(3) No person accused of any offence shall be compelled to be a witness against himself
21. Protection of life and personal liberty No person shall be deprived of his life or personal liberty except according to procedure established by law
22. Protection against arrest and detention in certain cases
(1) No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest nor shall he be denied the right to consult, and to be defended by, a legal practitioner of his choice
(2) Every person who is arrested and detained in custody shall be produced before the nearest magistrate within a period of twenty four hours of such arrest excluding the time necessary for the journey from the place of arrest to the court of the magistrate and no such person shall be detained in custody beyond the said period without the authority of a magistrate
(3) Nothing in clauses ( 1 ) and ( 2 ) shall apply (a) to any person who for the time being is an enemy alien; or (b) to any person who is arrested or detained under any law providing for preventive detention
(4) No law providing for preventive detention shall authorise the detention of a person for a longer period than three months unless (a) an Advisory Board consisting of persons who are, or have been, or are qualified to be appointed as, Judges of a High Court has reported before the expiration of the said period of three months that there is in its opinion sufficient cause for such detention:
(5) When any person is detained in pursuance of an order made under any law providing for preventive detention, the authority making the order shall, as soon as may be, communicate to such person the grounds on which the order has been made and shall afford him the earliest opportunity of making a representation against the order
(6) Nothing in clause ( 5 ) shall require the authority making any such order as is referred to in that clause to disclose facts which such authority considers to be against the public interest to disclose
(7) Parliament may by law prescribe
(a) the circumstances under which, and the class or classes of cases in which, a person may be detained for a period longer than three months under any law providing for preventive detention without obtaining the opinion of an Advisory Board in accordance with the provisions of sub clause (a) of clause ( 4 );
(b) the maximum period for which any person may in any class or classes of cases be detained under any law providing for preventive detention; and
(c) the procedure to be followed by an Advisory Board in an inquiry under sub clause (a) of clause ( 4 ) Right against Exploitation.
2) Preamble of the constitution is the basis of the constitution. It cannot be altered. It is applicable to all. But articles may be restricted and confic=ned to Indian citizens only. But poreamble which cannot be altererd is applicable to all the humans.
3) The Fundamental Rights are enshrined in Part III of the Constitution, and their implementation is guaranteed by the Supreme Court. In other words, Fundamental ' Rights are justiceable. Indeed, some of the Fundamental Rights, it might be noted, are applicable only to the citizens of the country and not to foreigners. Article 20, Article - 21 and Article 22 are, however, applicable to all. At the same time, it should also be ' borne in mind that what is applicable is the 'restriction' on the Right.
Query : Point No 2 & 3 where it has been stated that as per which section case laws. Preamble of the constitution is the basis of the constitution. It cannot be altered. It is applicable to all. But articles may be restricted and confic=ned to Indian citizens only. But poreamble which cannot be altererd is applicable to all the humans. & Article 20, Article - 21 and Article 22 are, however, applicable to all ( All Also includes a citizen of foreign country resides in India or to a foreigner who have come hear for the visit for any purposes.)
Thanks In advance.
pratik
02 August 2010 at 00:15
VIEW OF DELHI HIGH COURT:
The impugned Order dated 07 – 07 – 2010 has been passed by the Hon’ble Delhi High Court relying upon a coordinate bench decision of the High Court in ‘Smt. Savita Bhanot Vs. Lt. Col. V.D. Bhanot’,Crl. M.C. No. 3959 of 2009 (22-03-2010) whereby the Delhi High Court has held the Act to be retrospective in operation.
Query : I have heard that impugned Order means the order which is passed by the lower court is in process of challenging in the supreior court. So as per the above case the order is in process or the judgment has been decalred.
(In short while we write The impugned Order dated what is the exact meaning of it with the example(S)(S))
Thanks In advance.
pratik
02 August 2010 at 00:04
Either you can file a vakkalath or memo of apparence. Memo is a temperory arrangement. & If Memo is filed than vakkalath can be filed later there is no need to file a vakkalath if the memo is filed. Which section says the above mentioned ones.
Thanks In Adavnce.
pratik
01 August 2010 at 23:51
1) Respondent is a resident of U.S.A and petitioner ie wife files divorce in india.how can the respondent cleim that indian court has no jurisdiction?
As per which section & case laws ?
2) Difference between overriding effect & notwithstanding. Also meaning of it with the example. Which one is more benefited while drafting an act or law.
3) Can anybody tell me which act has overriding effect of other law or act any site or book .
Thanks In advance.
pratik
01 August 2010 at 23:44
1) First of all in DV Act case, notices are issued and not the summons. As per which section.
2) As per law whether it is better to send the notice or any letter to the opposite party or court if not mention in any law to become a valid evidence as per the indian evidence act. The notice or letter should be send by Registered Post, Speed Post Or Ordinary Post which one is more benefical to prove as per the indian evidence act.Also which section or act says that if no act or law says that the notice should be post with the registered post or any other kind then which one should be applied for evidence as per the india evidence act.Any case laws.
Thanks In Advance.
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CPC .
Memo cannot be filed in all cases. CPC makes it mandatory to file vakalaths in all civil cases and appeals and other proceedings before civil courts. Memo is filed only in criminal proceedings before the criminal courts.
Query : The Answer is said by the LD members but as per which section pls . OR Case Laws. So if we interpreted in the abovementioned we can say that in criminal proceedings memo should be filed & no vakalaths is required if memo is filed we can say that memo is complusory to file & if the memo is filed than vakalaths is not complusory am i right.
Thanks In Advance.